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Section

Specimens. (See Models and exhibits.)

Specimens of composition of matter to be furnished when required..........

1.93

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Surcharge for oath or basic filing fee filed after filing date........

1.16(e), 1.53(d)

Suspension of action............

1.103

Suspension of ex parte prosecution during interference..
Suspension of rules......

1.615

.1.183

Symbols for drawings.........

.1.84(g)

Symbols for nucleotide and/or amino acid sequence data........

1.822

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Section

Not considered if not taken and filed in compliance with rules...........
Notice of examination of witnesses.....

Notice of intent to rely on affidavit......

Objections noted in depositions....

Objections to formal matters..........

Official records and printed publications....

Officer's certificate..................

Persons before whom depositions may be taken......

Printing of.............................

Service of notice........

Stipulations or agreements concerning..

Taken by depositions..........

Testimony taken in another interference or action, use of...

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1.671 .....1.673

... 1.671(e)

1.675

1.685

1.682

1.676

1.674

1.653

1.673

1.672

1.672

1.683

1.651

.1.679

....1.7

.1.311

.1.134, 1.136

....1.530 1.535

.1.134, 1.136

1.7 1.8, 1.10 .1.72 .1.19(b)(4)

1.137, 1.555, 1.316 1.137, 1.555, 1.316

..1.414, 1.497 ..1.414

.1.416

...1.413

1.412 1.60, 1.62

1.62

.1.27

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2.24 Designation of representative by foreign applicant.

2.25 Papers not returnable.

2.26 Use of old drawing in new application. 2.27 Pending trademark application index; access to applications.

THE WRITTEN APPLICATION

2.31 Application must be in English.

2.32 Application to be signed and sworn to or include a declaration by applicant. 2.33 Requirements for written application. 2.35 Description of mark.

2.36 Identification of prior registrations. 2.37 Authorization for representation; U.S. representative.

2.38 Use by predecessor or by related companies.

2.39 Priority claim based on foreign application.

2.41 Proof of distinctiveness under section 2(f).

2.42 Concurrent use.

2.43 Service mark.

2.44 Collective mark.

Abandonment.

Revival of abandoned applications.

2.67 Suspension of action by the Patent and Trademark Office.

2.68 Express abandonment (withdrawal) of application.

2.69 Compliance with other laws.

2.71

AMENDMENT OF APPLICATION

Amendments to correct informalities. 2.72 Amendments to description or drawing of the mark.

2.73 Amendment to recite concurrent use. 2.74 Form of amendment.

2.75 Amendment to change application to different register.

2.76 Amendment to allege use.

2.77 Amendments between notice of allowance and statement of use.

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$100.00

$100.00

SOURCE: 30 FR 13193, Oct. 16, 1965, unless otherwise noted.

§ 2.1 Sections of part 1 applicable.

Sections 1.1 to 1.26 of this chapter are applicable to trademark cases except such parts thereof which specifically refer to patents and except § 1.22 to the extent that it is inconsistent with §§ 2.85(e), 2.101(d), 2.111(c) or § 2.162(d). Other sections of part 1 incorporated by reference or referred to in particular sections of this part are also applicable to trademark cases. [51 FR 28709, Aug. 11, 1986]

§ 2.2 Definitions.

(a) The Act as used in this part means the Trademark Act of 1946, 60 Stat. 427, as amended, codified in 15 U.S.C. 1051 et seq.

(b) Entity as used in this part includes both natural and juristic per

sons.

[54 FR 37588, Sept. 11, 1989]

§ 2.6 Trademark fees.

(11) For filing an amendment to a registration......

(12) For filing an affidavit under § 8 of the Act, per class............ (13) For filing an affidavit under § 15

of the Act, per class........ (14) For filing a combined affidavit under §§ 8 and 15 of the Act, per class......

(15) For petitions to the Commission

er.........

(16) For filing a petition to cancel, per class........

$200.00

$100.00

$200.00

(17) For filing a notice of opposition, per class..........

$200.00

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$210.00

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The following fees and charges are established by the Patent and Trademark Office for trademark cases: (a) Trademark process fees. (1) For filing an application, per class..........

(2) For filing an amendment to allege use under section 1(c) of the Act, per class....... (3) For filing a statement of use under section 1(d)(1) of the Act, per class...... (4) For filing a request under section 1(d)(2) of the Act for a six-month extension of time for filing a statement of use under section 1(d)(1) of the Act, per class........... $100.00

(ii) Expedited local service...... (5) Certified or uncertified copy of trademark records, per document except as otherwise provided in this section.........

$25.00

(6) For recording each trademark assignment, agreement or other paper relating to the property in a registration or application (i) First property in a document........... $40.00

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